Sec. 143(3) of Income Tax Act, 1961— Assessment—Order passed by the AO is not sustainable in law and the Tribunal takes the view that s. 44AD is not applicable and it directed the assessee to attend the assessment proceedings and justify its case on lower rate of profit in accordance with its books of account and the AO was directed to verify the same and decide the issue afresh. The Act provides complete machinery for the assessment/reassessment of tax, imposition of penalty and for obtaining relief in respect of any improper orders passed by the Revenue authorities, and the assessee could not be permitted to abandon that machinery and to invoke the jurisdiction of the High court under Art. 226 of the Constitution when he had adequate remedy open to him by an appeal to the CIT(A) and the remedy under the statute, however, must be effective and not a mere formality with no substantial relief and in the instant case, neither has the assessee writ petitioner described the available alternate remedy under the Act as ineffectual and non-efficacious while invoking the writ jurisdiction of the High court nor has the High court ascribed cogent and satisfactory reasons to have exercised its jurisdiction in the facts of instant case — ENGINEERING PROFESIONAL CO. (P.) LTD. Vs. DY. CIT [2020] 313 CTR 272 (GUJ)